A majority of the Tennessee Supreme Court ruled today that plaintiffs who provided defendants with medical authorizations lacking three of the six core elements required by the federal Health Insurance Portability and Accountability Act (HIPAA) failed to substantially comply with a Tennessee law requiring pre-suit notice in health care liability actions. As a result, the court dismissed the plaintiffs’ lawsuit as untimely. Justice Holly Kirby filed a separate opinion dissenting in part from the majority opinion. Read more from the court.

Attorneys for Byron Lewis Black, a death row inmate scheduled for execution on Oct. 8, are asking the Tennessee Supreme Court to stay his execution because of the COVID-19 pandemic. The move comes less than two weeks after the court issued a rare stay of execution for death row inmate Oscar Franklin Smith. In the motion filed today, attorney Kelley Henry makes many of the same arguments regarding Black that she made on behalf of Smith, News Channel 5 reports. Black was convicted for the 1987 murder of his girlfriend Angela Clay and her two daughters, Latoya and Lakeisha Clay, in Davidson County.

Tennessee Gov. Bill Lee issued an executive order yesterday allowing for the opening of all businesses except recreational services on May 1 after the state’s safer-at-home order expires in 89 of state’s 95 counties. The state’s six most populated counties are excluded from the order. According to the Nashville Post, the order restricts social gatherings of 10 people or more, not including faith-based services, and urges residents to stay at home except for essential travel. Residents are encouraged to wear a cloth face mask when near others in public. The order will expire on May 29 unless extended. Though Lee announced yesterday that personal services would remain closed, he announced today that hair salons and barbers can open next Wednesday, News Channel 5 reports. Bowling alley and bars along with concert venues, skating rinks and a host of other businesses will remain shuttered statewide until May 29. Another order issued today affects dental businesses.

As a result of bar exam delays, recent law graduates in New York state will be authorized to engage in the “limited practice of law” under the supervision of a more experienced lawyer, Law.com reports. The state’s chief judge said yesterday that recent law graduates who had planned to take the bar exam this summer will be temporarily allowed to practice law under the supervision of a qualified attorney until testing delays and capacity constraints are resolved. She had previously delayed the July exam to early September. The policy applies to any first-time exam taker irrespective of graduation year. Those participating must pass the exam by the end of 2021. Supervising attorneys must have been admitted to practice for at least three years.

The Tennessee Justice Center (TJC) is hosting a “MOMentous” weeklong celebration this week in honor of mothers and the organization’s 2020 Hall of Fame inductees. On May 1 at noon CDT Bill Purcell will emcee a virtual live gathering to celebrate these heroic moms and those who champion them. Watch the luncheon on Facebook live or RSVP to watch on Zoom.

Legal Aid Society of Middle Tennessee and the Cumberlands announced today that Lela M. Hollabaugh, the managing partner of Bradley’s Nashville office, will chair its 2020 Campaign for Equal Justice, an annual initiative that raises funds for the organization. The campaign, held annually, has a goal of raising $830,000 for 2020. Hollabaugh participated in the 2019 campaign committee as a large firm co-chair and has served in other campaign roles in previous years. At Bradley, she has served as lead trial lawyer largely focusing on products liability and mass tort matters. Read more in this release.

Murfreesboro lawyer Frank Morriss Fly died yesterday, following an extended illness. A graduate of Middle Tennessee State University and the University of Tennessee College of Law, Fly practiced law in Murfreesboro for 47 years and was the founding partner of the law firm Bulloch, Fly, Hornsby & Evans. He devoted many hours of his law career to environmental causes, including the fight to save the Duck River from being dammed up. He was named Conservationist of the Year in the United States in 1986. A private burial will be held with a memorial service to be held at a later date. The family requests that donations be made to Mt. Nebo Cemetery, c/o Carol Baker, P.O. Box 324, Williamsport, TN 38487.

U.S. Attorney General William Barr on Monday ordered federal prosecutors to identify coronavirus-related restrictions from state and local governments “that could be violating the constitutional rights and civil liberties of individual citizens.” The memo to U.S. attorneys states that if an ordinance “crosses the line from an appropriate exercise of authority to stop the spread of COVID-19 into an overbearing infringement of constitutional and statutory protections, the Department of Justice may have an obligation to address that overreach in federal court.” The move comes two weeks after the department filed a statement of interest in a civil case in Mississippi, siding with a Christian church where local officials had tried to stop Holy Week services broadcast to congregants sitting in their cars in the parking lot. The Times Free Press has the story from the Associated Press.

The Tennessee Access to Justice Commission (ATJ) recently hosted the Self-Represented Litigation Network’s annual meeting in Nashville. The national conference brought together legal professionals from around the country to discuss strategies for meeting the legal needs of the nation’s many self-represented litigants. The Tennessee judiciary was represented by Supreme Court Justice Connie Clark, Hamilton County General Sessions Court Judge Alexander McVeagh, Davidson County General Sessions Judge Rachel Bell, and staff from the Administrative Office of the Courts. Sessions included ways to engage the bench and bar, how to use technology to reach those in need and the innovative steps states have taken to make sure citizens can find legal resources. If you missed the conference, video is available for many of the presentations. Read more and get links to the video sessions.

Join us tomorrow from 2-3 p.m. CDT for a webcast presentation and question and answer session about the implementation of the CARES Act and Paycheck Protection Program, as well as an update on the SBA loan process. Mark Neithammer, director of government guaranteed lending for Capstar Bank, will share helpful information, while Bradley Sagraves and R. Christopher Trump with Egerton, McAfee, Armistead & Davis will answer questions from attendees. Be sure to watch our one-hour CLE webcast “CARES Act – Understanding the SBA Loan Process and the Major Business and Tax Provisions of the CARES Act” before joining us for Thursday’s event, which is free but does not offer CLE credit. Register here and submit any questions you have in advance.